Director of Public Prosecutions -v- Murphy [2015] IECA 201 (20 July 2015)

Director of Public Prosecutions -v- Murphy [2015] IECA 201 (20 July 2015)

The impermissible evidence was of limited significance in the context of the case, which primarily depended on identification evidence. The trial judge correctly exercised discretion in refusing to discharge the jury, and no injustice arose from this decision.

Citation
[2015] IECA 201
Parties
Prosecutor: Director of Public Prosecutions; Appellant: Michael Murphy
Jurisdiction
Ireland
Judgment Date
20 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Jury Discharge, Inadmissible Evidence, Identification Evidence, Appeal Against Conviction
Criminal Law Jury Discharge Inadmissible Evidence Identification Evidence Appeal Against Conviction

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor

Michael Murphy

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in refusing to discharge the jury after evidence of previous convictions was inadvertently disclosed

Ratio Decidendi

The impermissible evidence was of limited significance in the context of the case, which primarily depended on identification evidence. The trial judge correctly exercised discretion in refusing to discharge the jury, and no injustice arose from this decision.

Court Disposition

appeal dismissed